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New Build Conveyancing

Purchasing a new build property offers the opportunity to move into a home that has never been lived in before. Specialist legal support ensures the transaction runs smoothly, exchange deadlines are met, and every stage of the purchase is handled with clarity and confidence.

Specialist Legal Support for New Build Property Purchases

Understanding the New Build Purchase Process

A new build property is a brand new home that has not previously been occupied. The property may already be completed, currently under construction, or sold as an off-plan plot within a development. Each of these scenarios requires careful legal oversight, particularly as developers typically work to strict exchange deadlines.

Once a buyer has chosen their property, a reservation fee is normally paid to the developer. From that point, there is usually a period of around 28 days to exchange contracts. During this time the legal work must be completed efficiently, including reviewing the developer’s contract documentation, carrying out necessary searches, and ensuring mortgage arrangements are in place.

If the property is still under construction, contracts are commonly exchanged with completion taking place “on notice”. This means the final completion date will only be confirmed once the developer notifies that the property is ready. Where the property has already been built and is ready for occupation, a fixed completion date can often be agreed at the time of exchange.

After exchange of contracts has taken place, the buyer becomes legally committed to the purchase. If the transaction is exchanged on notice, completion may take longer while construction is finalised. Once the developer confirms the property is ready, their conveyancer will serve notice and completion will usually take place within approximately five to ten working days.

An anticipated completion date is often provided at the point of exchange, however it is important to recognise that construction schedules can change. Build delays or unforeseen circumstances may alter completion timeframes, which is why experienced legal guidance is particularly valuable during new build transactions.

Clear communication throughout the process helps ensure buyers understand each stage of their purchase, from reservation through to completion and registration of ownership. 

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Guiding You Through the Legal Process

New Homes Law New Build Steps

Purchasing a new build property involves a number of legal stages that must be completed within strict timeframes, particularly where developers require contracts to be exchanged within a set reservation period. Understanding how the conveyancing process works can help buyers feel more confident as they move from reservation through to completion of their new home.

The process typically begins once a property has been reserved with the developer and legal instruction has been provided. From that point, contract documentation is reviewed, searches are carried out, mortgage arrangements are confirmed and contracts are exchanged. Where a property is still under construction, completion may take place on notice once the developer confirms the build has been finalised.

Below is a clear overview of the key steps involved in a typical new build conveyancing transaction, outlining what happens at each stage and what buyers can expect as the purchase progresses towards completion.

Receive instruction, identification and monies on account from the client to formally begin the conveyancing process. Contract papers will then be requested from the developer’s solicitor so the legal documentation relating to the property can be reviewed. During this stage, proof of deposit funds will also be requested from the client and all necessary property searches will be applied for with the relevant authorities.
Step 1
Step 1
Prepare a detailed contract report for the client once the developer’s contract papers and initial search results have been reviewed. This report will be sent to the client for careful consideration and signing where required. Any questions or enquiries raised by the client will then be addressed to ensure they fully understand the terms and conditions of the purchase before moving forward.
Step 2
Step 2
Where the client is purchasing the property with the assistance of a mortgage, a copy of the formal mortgage offer must be received at this stage. Once received, a mortgage report will be prepared explaining the terms of the loan. This report, together with the mortgage deed for signing, will then be sent to the client so the necessary documentation can be completed.
Step 3
Step 3
Once all signed documentation has been returned by the client and the exchange deposit has been received, authority will be requested from the client to exchange contracts. Contracts may be exchanged on notice where the property is still under construction, or with a fixed completion date where the property has already been completed and handed over by the developer.
Step 4
Step 4
Following confirmation of the client’s authority, contracts will be formally exchanged with the developer’s solicitor. At this point the client becomes legally committed to the purchase of the property. Failure to complete the transaction after exchange could result in the loss of the exchange deposit and may also lead to additional financial penalties or interest charges.
Step 5
Step 5
The client will be notified once the exchange of contracts has taken place so they are aware the transaction has become legally binding. The lease or transfer document will then be issued to the client for signing. Communication may reduce slightly until closer to completion, however support remains available should the client have any questions during this period.
Step 6
Step 6
Once a completion date has been confirmed, a completion statement will be sent to the client outlining the remaining balance of funds required to complete the purchase. The mortgage advance will be requested from the lender in preparation for completion, and the necessary pre-completion searches will also be carried out, including bankruptcy and K16 searches.
Step 7
Step 7
When all funds have been received from both the client and their mortgage lender, the full completion funds will be transferred to the developer’s solicitor. Once confirmation has been received that these funds have been received, legal completion will take place. The client will then be able to collect the keys to their new home at a time agreed with the developer.
Step 8
Step 8

Step 1

Receive instruction, identification and monies on account from the client to formally begin the conveyancing process. Contract papers will then be requested from the developer’s solicitor so the legal documentation relating to the property can be reviewed. During this stage, proof of deposit funds will also be requested from the client and all necessary property searches will be applied for with the relevant authorities.

Step 2

Prepare a detailed contract report for the client once the developer’s contract papers and initial search results have been reviewed. This report will be sent to the client for careful consideration and signing where required. Any questions or enquiries raised by the client will then be addressed to ensure they fully understand the terms and conditions of the purchase before moving forward.

Step 3

Where the client is purchasing the property with the assistance of a mortgage, a copy of the formal mortgage offer must be received at this stage. Once received, a mortgage report will be prepared explaining the terms of the loan. This report, together with the mortgage deed for signing, will then be sent to the client so the necessary documentation can be completed.

Step 4

Once all signed documentation has been returned by the client and the exchange deposit has been received, authority will be requested from the client to exchange contracts. Contracts may be exchanged on notice where the property is still under construction, or with a fixed completion date where the property has already been completed and handed over by the developer.

Step 5

Following confirmation of the client’s authority, contracts will be formally exchanged with the developer’s solicitor. At this point the client becomes legally committed to the purchase of the property. Failure to complete the transaction after exchange could result in the loss of the exchange deposit and may also lead to additional financial penalties or interest charges.

Step 6

The client will be notified once the exchange of contracts has taken place so they are aware the transaction has become legally binding. The lease or transfer document will then be issued to the client for signing. Communication may reduce slightly until closer to completion, however support remains available should the client have any questions during this period.

Step 7

Once a completion date has been confirmed, a completion statement will be sent to the client outlining the remaining balance of funds required to complete the purchase. The mortgage advance will be requested from the lender in preparation for completion, and the necessary pre-completion searches will also be carried out, including bankruptcy and K16 searches.

Step 8

When all funds have been received from both the client and their mortgage lender, the full completion funds will be transferred to the developer’s solicitor. Once confirmation has been received that these funds have been received, legal completion will take place. The client will then be able to collect the keys to their new home at a time agreed with the developer.

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Developer Recommended Legal Experts

Preferred Conveyancers

Developers and housing associations typically appoint their own conveyancers to manage the legal aspects of selling plots within a development. Alongside this, they often maintain a list of preferred conveyancers they recommend to buyers.

Being listed as a preferred conveyancer demonstrates that a firm has proven experience in handling new build transactions and understands the pace and structure of developer-led sales. Developers rely on these conveyancers because they are confident the legal process will be managed efficiently while still protecting the buyer’s interests.

Preferred conveyancers are recommended because they help ensure:

  • Buyers receive a high standard of customer service
  • The legal process is managed by professionals familiar with new build contracts
  • Exchange deadlines set by developers can be met
  • Communication between developer and buyer remains clear and efficient
Working with a conveyancer who regularly deals with new build developments means potential issues can often be identified and resolved quickly. This helps maintain momentum in the transaction and provides reassurance throughout the purchase process.
Contact Our Conveyancing Team

Buying Property Before It Is Built

Purchasing ‘Off-Plan’

Many new build homes are purchased “off-plan”, meaning the property has not yet been constructed when the reservation is made. Buyers are committing to purchase based on architectural drawings, development plans, and property specifications provided by the developer.

Although this may initially seem uncertain, buying off-plan offers several advantages. Buyers often have access to a wider choice of plots at an early stage of the development, allowing them to secure desirable locations within the site. In some cases there may also be opportunities to influence finishes or choose upgrades, such as kitchen designs or flooring options.

Developers may also provide incentives for early purchasers, which can include contributions towards legal costs, upgrades within the property, or financial incentives towards the purchase price.

However, off-plan purchases can involve longer timeframes before completion. Construction delays can occur, and because mortgage offers are only valid for a fixed period, buyers may occasionally need to renew or reapply for their mortgage during the process.

Specialist conveyancing support ensures that buyers understand the contract terms, anticipated timelines, and the protections available when purchasing a property before construction has been completed.

Discuss Your New Build Purchase

Understanding Leasehold Ownership

New Build Lease

Where a buyer is purchasing a flat within a development, the property will normally be sold on a leasehold basis rather than as a freehold. This means the buyer will own the right to occupy the property for a fixed period of time, referred to as the term of the lease. The lease itself is a legally binding agreement between the leaseholder and the landlord (sometimes referred to as the freeholder). It outlines the rights and responsibilities of both parties and governs how the property can be used. Residential leases commonly include provisions relating to:
  • The length of the lease term
  • Ground rent and service charges
  • Maintenance and repair responsibilities
  • Use of communal areas within the development
  • Restrictions on alterations or sub-letting
Understanding the terms of a lease is an important part of the conveyancing process. Careful review ensures buyers are aware of their obligations and the long-term implications of the lease agreement before completing the purchase.
Ask About Leasehold Purchases

Property Tax Considerations

Stamp Duty Land Tax (SDLT)

Stamp Duty Land Tax (SDLT) is payable when you purchase property or land in England and Northern Ireland above certain thresholds. Different taxes apply in Scotland (Land and Buildings Transaction Tax) and Wales (Land Transaction Tax).

SDLT applies to a number of property transactions, including:

  • freehold and leasehold purchases
  • shared ownership properties
  • transfers for consideration, including where a mortgage is taken on

The amount of SDLT payable depends on the property value and your individual circumstances. Different rates may apply depending on whether you are a first-time buyer, purchasing an additional property or are not a UK resident.

An SDLT return must be submitted to HMRC and any tax paid within 14 days of completion, which is usually handled by your solicitor or conveyancer as part of the transaction.

Important: SDLT rules and thresholds can change, so you should always check official government guidance to check the latest rates and calculate your potential liability.

View HMRC SDLT Guidance
Use HMRC SDLT Calculator

Download our cost illustration quote

Get a clear and transparent breakdown of the legal costs involved in purchasing a new build property. This example quotation provides an outline of our fees and any associated disbursements, helping you understand the typical costs you can expect as part of your transaction.

New Build Purchase
Shared Ownership Purchase

Why Buyers Choose New Homes Law

Specialists in New Build Conveyancing

Purchasing a newly built property involves strict exchange deadlines, developer contracts and additional legal considerations that differ from standard residential purchases. Experienced conveyancing support helps ensure each stage is managed efficiently while protecting the buyer’s interests throughout the transaction.

Approved Conveyancers

Experience working with developers and housing associations means the legal process aligns with the documentation required.

Dedicated Conveyancer

Each client works directly with a dedicated conveyancer who manages the transaction from instruction through to completion.

Clear Communication

Regular updates ensure buyers always understand what stage their purchase is at and what happens next.
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Trusted Conveyancing Specialists

Over a Decade of Supporting New Build Purchases

Established in 2012, the firm has supported thousands of buyers through the purchase of new homes across England and Wales. Extensive experience working alongside developers and housing associations allows the team to navigate the complexities of new build transactions while maintaining a smooth and efficient process for buyers.

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